The Register's Editorial: Lawmakers should correct Iowa's HIV mistake

It is time to right the wrong that is written into Iowa's criminal laws

Nick Rhoades

During an election year, Iowa lawmakers are reluctant to do anything that could be construed as remotely controversial. However it should not be controversial for them to fix a mistake they made 15 years ago that is ruining the lives of innocent Iowans.

Lawmakers and Gov. Terry Branstad should repeal a statute that criminalizes the actions of Iowans who are HIV-positive when they have harmed no one.

In 1998, it became a Class B felony in Iowa to willingly expose someone to HIV, the virus that can cause AIDS. Those who are found guilty of the offense face up to 25 years in prison if they know they are infected and engage in any type of "intimate contact" with another person.

They can be found guilty even if they took precautions, like using a condom, to prevent the transmission of the virus and even if the other person didn't contract the virus.

Prosecution hinges on "he said/she said" claims about whether the one person's HIV status was disclosed to the other. If you're upset with your HIV-positive boyfriend after a break-up, you can use this law to go after him. Instead of you being a former partner, now you are a victim. And the other person will face time behind bars.

The most egregious example of how this law is wrong involves Nick Rhoades. He was diagnosed with HIV in 1998. Ten years later, he was on a potent medication that made his HIV viral load undetectable. A doctor told him he had a better chance of winning the lottery than being able to spread the virus to someone else.

Still, to be on the safe side, he wore a condom when he had sex with a partner. The other man was not infected, but the man later contacted authorities to press charges.

Three detectives showed up at the video store where Rhoades worked, asking him to come to the police station for questioning. Police took him to a hospital, where a worker drew blood to check his HIV status. Police subpoenaed his medical records and searched his home.

Ultimately, he was sentenced to 25 years in prison before his sentence was reduced on an appeal. He remains on the state's sex offender registry and owes thousands of dollars in legal fees, restitution and court costs.

The Iowa Supreme Court recently granted an order for further review of his case.

Though Iowa has relatively few HIV-positive residents, this state ranks near the top in the nation for prosecuting them, and Iowa's punishment has some of the harshest penalties in the nation. Between January 1999 and June 2011, 25 people were charged and 15 were convicted. In 2012, Iowans were paying for the prison sentences of eight Iowans because of this law.

Nick Rhoades harmed no one. He listened to his physician's guidance. He took his medications. He used a condom, just to be safe. But Iowa has made him a criminal.

The HIV statute may discourage Iowans from being tested for the AIDS virus and receiving the drugs that can stop the virus in its tracks.

If someone doesn't know they are positive, they can't be charged with the crime. If the HIV law stops people from being tested and treated, then that is really the crime.

Rather than tinkering around the edges of this shortsighted statute, the entire law should be repealed.

The Iowa Legislature and Gov. Terry Branstad have the opportunity to right a wrong that unnecessarily punishes Iowans who have done nothing wrong.

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The Register's Editorial: Lawmakers should correct Iowa's HIV mistake

During an election year, Iowa lawmakers are reluctant to do anything that could be construed as remotely controversial. However it should not be controversial for them to fix a mistake they made 15